A video podcast critical of hip-hop performer Akon was pulled from YouTube …

YouTube has restored a video critical of hip-hop star Akon posted by columnist Michelle Malkin after Universal Music Group issued a DMCA takedown notice to the video aggregation site. The saga began about a week and a half ago, when Malkin criticized Verizon for its sponsorship of Akon after a video of the performer dry-humping a 15-year-old girl at a concert in Trinidad surfaced.

In her post, Malkin embedded an episode of her Hot Air show from YouTube. The episode was highly critical of Akon, and a few hours later, it had vanished. It was replaced by the now-all-too-familiar infringement message from YouTube, citing a "copyright claim by Universal Music Group."

Malkin's clip contained footage from the Trinidad concert, along with footage of Akon performing on American Idol and clips from some of his music videos. That was apparently enough to get UMG's attention. Despite the fact that Malkin's use of the video is clearly covered by fair use, the media giant said that Malkin's video infringed its copyright and used the DMCA to force YouTube to take it down.

What makes the whole incident even more troubling is that there are several music videos by Akon currently available on YouTube, some of which have been up for months. But for whatever reason—perhaps because Malkin's report painted Akon in a very unflattering light—a DMCA takedown notice was issued.

Malkin enlisted the aid of the EFF and filed a counternotice with YouTube, informing them that the video in question did not infringe on UMG's copyright. YouTube then briefly replaced the infringement notice with another one saying that it was unavailable due to a "terms of use" violation. The video was once again made available after the EFF contacted YouTube.

"We're pleased that UMG has backed off its bogus copyright claim and stopped squelching Michelle Malkin's video criticism," said EFF senior staff attorney Kurt Opsahl in a statement. "However, it remains inexcusable. UMG's misuse of federal law made the video unavailable on YouTube for a full week, denying the Hot Air podcast access to YouTube's extensive audience during a time when the controversy about Akon's behavior was all over the news."

In addition to becoming the go-to source for obscure music videos, rabbit show-jumping, and cool stop-action video, YouTube has also become something of a virtual Wittenberg Door, where those with complaints to post can tack them up for all the world to see. That role makes ill-advised and illegal takedown notices like the one issued by UMG over the Akon podcast even more troubling.

When Viacom settled its DMCA lawsuit with the EFF, it agreed to educate its reviewers about fair use and promised not to challenge the use of its content if it is "creative, newsworthy, or transformative." That's a good start and something other content creators should consider.